Himachal Pradesh High Court
Date Of Decision: 12.09.2024 vs Ajeet Singh on 12 September, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:8423
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Revision No. 26 of 2024
Date of Decision: 12.09.2024
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M/s Brijeshwari Apple Agency & Anr.
.
.........Petitioners
Versus
Ajeet Singh
.......Respondent
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the petitioners: Mr. Jagmohan Chandel, Advocate.
For the Respondent: Mr. K.B.Khajuria, Advocate.
_________________________________________________________________________
Sandeep Sharma, J. (Oral)
Instant criminal revision petition filed under Section 397 read
with Section 401 of the Code of Criminal Procedure, lays challenge to
judgment dated 30.12.2023 passed by learned Additional Sessions Judge,
Rohru, District Shimla, H.P., in Criminal Appeal No. 602 of 2023, affirming
the judgment of conviction and order of sentence dated 28.07.2023 passed
by learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District
Shimla, H.P., in Criminal Complaint No. 250-3 of 2021/20, whereby
learned Court below, while holding petitioner-accused (hereinafter
'accused') guilty of having committed offence punishable under Section
138 of the Negotiable Instruments Act (for short 'Act') convicted and
sentenced him to undergo simple imprisonment for a period of six months
and pay compensation to the tune of Rs. 1,25,000/- to the respondent-
complainant (hereinafter 'complainant).
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2. Precisely, the facts of the case, as emerge from the record are
that complainant filed a complaint under Section 138 of the Act in the
competent Court of law, alleging therein that accused with a view to
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discharge his liability issued cheque bearing No. 881013 dated 01.10.2019
amounting to Rs. 1,00,000/- in favour of complainant, however, the same
was dishonoured on account of insufficient funds in the bank account of
the petitioner-accused. Since petitioner-accused failed to make the
payment good within the time stipulated in the legal notice, complainant
was compelled to initiate proceedings under Section 138 of the Act before
the competent Court of law.
3. Learned trial Court on the basis of material adduced on record
by the respective parties, vide judgment/order dated 28.07.2023, held the
accused guilty of having committed offence punishable under Section 138
of the Act and accordingly, convicted and sentenced him as per the
description given hereinabove.
4. Being aggrieved and dissatisfied with the aforesaid judgment of
conviction recorded by the learned Court below, accused preferred an
appeal in the court of learned Additional Sessions Judge, Rohru, District
Shimla, H.P., H.P., which came to be dismissed vide judgment dated
30.12.2023, as a consequence of which, judgment of conviction recorded
by the learned trial Court came to be upheld. In the aforesaid background,
present accused has approached this Court by way of instant proceedings,
seeking therein his acquittal after setting aside the judgments of conviction
recorded by the courts below.
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5. Vide order dated 10.01.2024, this Court suspended the
substantive sentence imposed by the learned trial Court below subject to
petitioner's depositing 30% of the compensation amount and furnishing
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personal bond in the sum of Rs. 30,000/- within a period of six weeks.
6. In terms of aforesaid order passed by this Court, accused has
deposited the 30% of the compensation amount with the learned trial
Court.
7. Today, during proceedings of the case, learned counsel for the
accused, states that accused is ready and willing to make payment of
entire compensation amount awarded by the learned Court below. He
states that since accused has no objection in case, amount lying deposited
with the learned trial Court as well as Registry of this Court is ordered to
be released in favour of the complainant, this Court, while exercising power
under Section 147 of the Act may proceed to compound the offence and
acquit the accused from the charge framed against him.
8. Mr. K.B.Khajuria, Advocate, while putting in appearance on
behalf of complainant, on instructions, states that in case, entire amount
of compensation lying deposited with the learned trial Court as well as
Registry of this Court is ordered to be released in favour of the
complainant, he shall have no objection in compounding the offence.
However, some amount of litigation charges may be awarded in favour of
complainant because he was unnecessarily dragged into litigation for
realization of his own money.
9. Since parties have resolved to settle their dispute amicably
inter se them, as has been taken note hereinabove, coupled with the fact
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that complainant has no objection in compounding the offence, in the
event of his being released the amount lying deposited with the Registry of
this Court as well as learned trial Court, this Court sees no impediment in
.
accepting the prayer made on behalf of the accused for compounding the
offence, while exercising power under Section 147 of the Act as well as in
terms of guidelines issued by the Hon'ble Apex Court in Damodar S.
Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein it has been
categorically held that court, while exercising power under Section 147 of
the Act, can proceed to compound the offence even after recording of
conviction by the courts below.
10. Consequently, in view of the discussion made hereinabove as
well as law taken into consideration, present matter is ordered to be
compounded and impugned judgments of conviction and sentence dated
30.12.2023 and 28.07.2023, passed by the learned Courts below are
quashed and set-aside and the petitioner-accused is acquitted of the
charge framed against him under Section 138 of the Act. Interim order, if
any, is vacated. Bail bonds, if any, discharged. The petition is disposed of
alongwith pending applications, if any.
11. Entire compensation amount deposited by the petitioner-
accused with the learned trial Court as well as Registry of this Court is
ordered to be released in favour of complainant by remitting the same in
his bank account, detail whereof, shall be furnished within a period of one
week.
12. Since complainant was compelled to engage in unwarranted
litigation with the accused for realization of his own amount, accused is
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directed to deposit 2% of the cheque amount with the HP State Legal
Service Authority as compounding fee and Rs. 5,000/- as litigation charges
payable to the complainant within a period of six weeks, failing which, he
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shall render himself liable for penal consequences as well as contempt of
court.
(Sandeep Sharma)
Judge
September 12, 2024
(sunil)
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